Personal Injury Complaint - Auto Accident - Maryland

Before filing: Complete and attach the Civil – Non-Domestic Case Information Report (CC-DCM-002), unless exempted under Md. Rule 2-111(a).

IN THE CIRCUIT COURT FOR [___] COUNTY, MARYLAND

Civil Action No.: ___________

COMPLAINT FOR PERSONAL INJURIES AND PROPERTY DAMAGE
(DEMAND FOR JURY TRIAL)

TABLE OF CONTENTS

1. Definitions
2. Preliminary Statement
3. Parties
4. Jurisdiction and Venue
5. Statement of Facts

6. Causes of Action
   6.1 Count I – Negligence (Personal Injury)
   6.2 Count II – Negligence (Property Damage)
   6.3 Count III – Loss of Consortium (optional)

7. Damages

8. Compliance with Maryland Statutory Requirements
9. Prayer for Relief
10. Conditions Precedent & Reservation of Rights
11. General Provisions
12. Verification
13. Counsel Signature and Initial Process
14. Demand for Jury Trial

1. DEFINITIONS

For ease of reference, the following capitalized terms shall have the meanings set forth below:

a. “Accident” means the motor-vehicle collision that occurred on [DATE] at or near [LOCATION], Maryland.
b. “Complaint” means this civil pleading filed in the Circuit Court for [___] County, Maryland.
c. “Defendant’s Vehicle” means the [YEAR/MAKE/MODEL], Vehicle Identification Number __________, owned and/or operated by Defendant at the time of the Accident.
d. “Plaintiff’s Vehicle” means the [YEAR/MAKE/MODEL], Vehicle Identification Number __________, owned and/or operated by Plaintiff at the time of the Accident.
e. “Statutory Cap” means the limitation on non-economic damages set forth in Md. Code Ann., Cts. & Jud. Proc. § 11-108.

2. PRELIMINARY STATEMENT

1. This is an action for negligence arising out of a motor-vehicle Accident in which Plaintiff sustained serious personal injuries and property damage as a direct and proximate result of Defendant’s tortious conduct.
2. Plaintiff seeks more than $30,000, above the District Court tort claim ceiling in Md. Code Ann., Cts. & Jud. Proc. § 4-401(1); the Circuit Court has jurisdiction under § 1-501. Section 4-402(d)(1)(i) also permits a plaintiff with a claim exceeding $5,000 to elect a trial court of general jurisdiction. Plaintiff seeks compensation in excess of $75,000.00, exclusive of interest, costs, and attorney’s fees; pursuant to Md. Rule 2-305, this general statement is used in lieu of specifying a dollar amount because the claim exceeds $75,000. Plaintiff further demands a trial by jury as a matter of constitutional right.

3. PARTIES

3. Plaintiff [PLAINTIFF NAME] (“Plaintiff”) is an adult resident of the State of Maryland, residing at the address stated in the caption.
4. Upon information and belief, Defendant [DEFENDANT NAME] (“Defendant”) is an adult resident of [STATE OF RESIDENCE] who may be served at the address stated in the caption or wherever Defendant may be found pursuant to Md. Rules 2-124 & 2-121.

4. JURISDICTION AND VENUE

5. This Court has subject-matter jurisdiction under Md. Code Ann., Cts. & Jud. Proc. §§ 1-501 and 4-401 and Md. Const. art. IV, § 20.
6. Venue is proper in this County under Md. Code Ann., Cts. & Jud. Proc. §§ 6-201 and 6-202(8) because Defendant resides or carries on regular business here and/or the causes of action arose here.
7. The amount in controversy exceeds $30,000, the District Court tort claim ceiling under Md. Code Ann., Cts. & Jud. Proc. § 4-401(1).

5. STATEMENT OF FACTS

8. On [DATE] at approximately [TIME], Plaintiff was lawfully operating Plaintiff’s Vehicle in a [direction/lane] on [ROADWAY] near [LOCATION] in [COUNTY], Maryland.

9. At that same time and place, Defendant was operating Defendant’s Vehicle in a negligent, careless, and reckless manner, including but not limited to:
   a. Failing to keep a proper lookout;
   b. Traveling at an excessive and/or unreasonable speed;
   c. Failing to maintain proper control;
   d. Violating applicable Maryland traffic laws; and
   e. Colliding with Plaintiff’s Vehicle.

10. As a direct and proximate result of the Accident, Plaintiff suffered severe bodily injuries, including but not limited to [LIST INJURIES], incurred medical expenses, lost wages, property damage, pain, suffering, mental anguish, and other losses.

11. Plaintiff did not contribute to the occurrence of the Accident in any manner. Maryland follows the doctrine of pure contributory negligence: any negligence on Plaintiff’s part that proximately contributed to the Accident, however slight, is a complete bar to recovery. Coleman v. Soccer Ass’n of Columbia, 432 Md. 679 (2013). Plaintiff affirmatively pleads freedom from contributory negligence and, in the alternative, that Defendant had the last clear chance to avoid the Accident and failed to do so.

6. CAUSES OF ACTION

6.1 Count I – Negligence (Personal Injury)

12. Plaintiff incorporates by reference Paragraphs 1–11 as though fully set forth herein.
13. Defendant owed Plaintiff a duty to operate Defendant’s Vehicle with reasonable care and in accordance with Maryland traffic laws.
14. Defendant breached that duty by the acts and omissions described above.
15. Defendant’s breaches were the direct and proximate cause of Plaintiff’s injuries and damages.
16. As a result, Plaintiff is entitled to recover damages in an amount to be determined at trial.

6.2 Count II – Negligence (Property Damage)

17. Plaintiff incorporates by reference Paragraphs 1–16.
18. Defendant’s negligence caused direct physical damage to Plaintiff’s Vehicle and related personal property, resulting in repair or replacement costs, loss of use, towing, and diminution in value.

6.3 Count III – Loss of Consortium (if applicable)

19. Plaintiffs [PLAINTIFF FULL LEGAL NAME] and [CONSORTIUM PLAINTIFF NAME], spouses named together in the caption, jointly incorporate Paragraphs 1–18 and claim injury to their marriage, including loss of companionship, affection, society, and services, caused by Defendant's alleged negligence. [Omit this count and the second plaintiff in the caption if no consortium claim is made.]

7. DAMAGES

20. Plaintiff has incurred and will continue to incur:
    a. Past and future medical expenses estimated at $[___];
    b. Lost wages and diminished earning capacity estimated at $[___];
    c. Property-damage losses estimated at $[___];
    d. Non-economic damages, including pain, suffering, inconvenience, and loss of enjoyment of life, subject to the Statutory Cap; and
    e. Pre- and post-judgment interest, costs, and any other relief deemed just and proper.

8. COMPLIANCE WITH MARYLAND STATUTORY REQUIREMENTS

21. Pursuant to Md. Code Ann., Cts. & Jud. Proc. § 11-108, Plaintiff’s claim for non-economic damages shall not exceed the Statutory Cap applicable to the date of the Accident. The base Statutory Cap of $500,000 (for causes of action arising on or after October 1, 1994) increases by $15,000 on October 1 of each year, and the amount in effect on the date of the Accident governs; the jury shall not be informed of the Statutory Cap, and the Court shall reduce any excess award to conform to it.
22. Plaintiff has complied with any Personal Injury Protection (“PIP”) notice or coordination-of-benefits requirements and reserves subrogation claims, if any.
23. Plaintiff’s claim is brought entirely in tort; no election of no-fault benefits precludes this suit.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court:

A. Enter judgment in favor of Plaintiff and against Defendant in an amount that exceeds $75,000.00, the exact sum to be proven at trial;
B. Award economic and non-economic damages consistent with Md. Code Ann., Cts. & Jud. Proc. § 11-108;
C. Award pre- and post-judgment interest as allowed by law;
D. Award costs of this action, including reasonable attorney’s fees where permitted; and
E. Grant such other and further relief as the Court deems just and proper.

10. CONDITIONS PRECEDENT & RESERVATION OF RIGHTS

24. All conditions precedent to the filing of this action have occurred, have been performed, or have been waived.
25. Plaintiff reserves the right to amend this Complaint to conform to the evidence and to add additional parties or theories of recovery as discovery may warrant.
26. Plaintiff does not consent to arbitration and expressly objects to any motion to compel arbitration.

11. GENERAL PROVISIONS

27. Nothing in this Complaint shall be construed as a waiver of any right, claim, or defense available to Plaintiff under applicable law.
28. If any provision herein is deemed unenforceable, the remaining provisions shall remain in full force and effect.

12. VERIFICATION

I, [PLAINTIFF NAME], solemnly affirm under the penalties of perjury that the contents of the foregoing Complaint are true to the best of my knowledge, information, and belief.

Date: ___________ _______________________________
[PLAINTIFF NAME]

13. COUNSEL SIGNATURE AND INITIAL PROCESS

Plaintiff requests issuance of a summons for Defendant. The summons and Complaint will be served together; proof of service is filed after service is completed.

_______________________________
[ATTORNEY NAME], Esquire
Maryland Attorney Number (AIS): __________
[LAW FIRM NAME]
[Address]
[Phone] | [Fax] | [Email]
Counsel for Plaintiff

14. DEMAND FOR JURY TRIAL

Plaintiffs demand trial by jury on all issues triable of right under Md. Rule 2-325(a). [If Count III is omitted, read "Plaintiff" instead.]

END OF DOCUMENT